THIS DISCLAIMER MUST BE READ AND ACCEPTED EVERY TIME BEFORE USING THE GORIDE FEATURE. IF YOU DO NOT READ AND ACCEPT THEN YOU MUST STOP USING THE SERVICE IMMEDIATELY.

1. Your acceptance

This is an agreement between GoRide, the owner, developer and operator of the GoRide App (‘GoRide’), the SmudgeInc website (the ‘SmudgeInc Site’), the GoRide software, including all content provided by GoRide through the GoRide and the SmudgeInc website, the ‘GoRide Service’ (‘the Service’) and you (‘you’ or ‘You’) a user of the Service.

BY USING THE SERVICE YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE AND THE GORIDE PRIVACY POLICY WHICH CAN BE FOUND BELOW AND WHICH ARE INCORPORATED HEREIN FOR REFERENCE.

By installing and using the GoRide App, you agree to be bound by these terms of use and privacy policy which can be found below. If you choose not to agree with these terms you must not use the service.

2. GoRide Service

THIS SERVICE IS INTENDED FOR USE ON MOTORCYCLES ONLY

(a) GoRide is a service that aims to detect when the motorcycle has fallen but cannot guarantee to detect every fall or accident. GoRide assumes no liability, warranty or guarantee for accurate fall or accident detection. GoRide accepts no blame or responsibility for any falls or any type of accident that occurs while using the app and the user accepts all responsibility for any death or injury caused by the fall or other type of accident.

(b) GoRide records your location to detect your movement while you are on the bike. This data is not stored on the servers unless GoRide detects a fall. In this case only your current location and input phone number will be uploaded to the server and only available for your selected users to see. You accept that you have provided permission to allow these users to have access to this information including your fall location.

(c) If GoRide does detect a fall it will begin a 20 second countdown before sending out the alert. If GoRide detects that the bike is back up and moving, the alert should automatically cancel. If the alert does not automatically cancel or goes off accidentally, the user must pull over safely, stop the motorcycle and press the “Cancel” button to prevent the case of a false alarm being sent.

(d) In the case that the user has not entered their phone number, no phone number will be uploaded for the saviours to call.

(e) If the device does not have an internet connection, is not signed in to an iCloud account or in the case of server failure, the notification will not and can not be sent to alert your saviours of a fall.

(f) GoRide comes with an initial 28 day free trial. After that the user will be required to subscribe to use the feature of the service to continue to use it.

(g) GoRide is entitled to terminate it’s service at any time. The user has no claim for an unlimited use of the GoRide service.

3. Safety

(a) The user MUST NOT interact with the device while they are riding their motorcycle on the road. This could result in serious injury or penalties in certain countries.

(b) The device should be located on the handle bars of the motorcycle in a non distracting location.

(c) The device should be set to an appropriate screen brightness and in a mode to prevent the user from being distracted by the device.

4. User’s Commitments

(a) You acknowledge that costs from your mobile network provider may be increased due to the data upload and download. These costs will depend on the amount of usage of the app and accept responsibility for these costs.

(b) You accept that you have permission from the bill payer of the mobile network provider to use the app knowing that these cost may increase.

(c) If the alert does not automatically cancel or goes off accidentally, the user must pull over safely, stop the motorcycle and press the “Cancel” button to prevent the case of a false alarm being sent. Any costs caused by a non cancelled false alarm will be the responsibility of the user.

(d) You accept that you will not crash purposely to test the app and accept all responsibility for any injury and cost caused by this.

(e) You must mount the device in the correct portrait vertical position in a phone mount on the handlebars of the bike to ensure GoRide accurately detects a fall. You accept all responsibility if the fall isn’t detected due to improper mounting of the device.

(f) You agree to accept location access and accept responsibility for any inaccurate results if location access is not granted.

5. Privacy

(a) If GoRide detects a fall or accident your current location (Latitude and Longitude), your input phone number and your chosen username will be sent to your list of saviours and stored on servers to allow them to access this information. Please only provide the users that you trust with access to this information.

(b) Your username, phone number, profile photo and saviours username list will be stored on the server. This information can only be seen by those that have access to your device or are logged in with the same iCloud account on another device. Please keep this information secure.

(c) Changes to these terms will be provided in the most up to date version of the app as it evolves. You accept to read and accept these terms each time before using the GoRide service.

6. Rights and Liability of GoRide

Under no circumstances will GoRide be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any kind arising out of your use or access to the GoRide application, including loss of profit or the like wether or not in the contemplation of the parties, wether based on breach of contract, tort, including negligence, product liability or otherwise.

(a) If the user violates any of these terms, the user can be prevented from using the GoRide service.

(b) GoRide is not liable to you for any damage or alteration including but not limited to motorcycle or mobile device while installing, setting up and using the GoRide service.

(c) GoRide will not be liable for death or personal injury to you or any third party caused by negligence.